Failure by passenger to hold railroad operator liable for damage occasioned by robbery on train : Shabalala v Metrorail 2007 3 SA 167 (W)

Abstract

The author evaluates the judgement of the case Shabalala v Metrorail 2007 3 SA 167 (W). He suggests that the court came to the correct conclusion on the facts, as well as on the basis of how the case for the plaintiff was argued. This judgment should under no circumstances be interpreted as either thwarting the obligation of Metrorail to supply security officials for the protection of commuters, as established by the Constitutional Court in Rail Commuters Action Group, or demonstrating that it will in future be practically impossible for a commuter to succeed with a claim against Metrorail.